The Australian Defence Force, together with military forces from a number of western democracies, have for some years been seeking out and killing Islamic militants in Iraq, Syria and Afghanistan, detaining asylum seekers for periods at sea or running the judicial systems of failed states. It has also been ready to conduct internal security operations at home. The domestic legal authority cited for this is often the poorly understood concept of executive power, which is power that derives from executive and not parliamentary authority. In an age of legality where parliamentary statutes govern action by public officials in the finest detail, it is striking that these extreme exercises of the use of force often rely upon an elusive legal basis. This book seeks to find the limits to the exercise of this extraordinary power.
Editor(s): Dennis Pearce, Stephen Argument
Now in its fifth edition, Delegated Legislation in Australia provides updated and detailed coverage of all aspects of subordinate legislation, and is an essential reference for legislators, public officials at all levels of government, judicial officers and lawyers. It is the latest addition to the LexisNexis Black and Silver series.
Legislation made by various government and other bodies under the authority of an Act of Parliament far exceeds in volume the legislation made by Parliament in the form of statutes. Delegated Legislation in Australia includes a comprehensive overview of why and how delegated legislation is used to impose obligations on both citizens and business, and in what forms such legislation takes. Commentary is provided for each Australian jurisdiction as to the means used by Parliament to review the content of the legislation, and assess and compare the performance of each parliament.
Author(s): Greg Weeks, Matthew Groves, Mark Aronson
Judicial Review of Administrative Action and Government Liability Sixth Edition is one of Australia’s most respected legal texts. It became the first title in our prestigious Lawbook Library Series, because it represents definitive legal scholarship and publishing excellence in Australian law. For two decades, this work has both mapped and supported development of the law and practice of judicial review of administrative action throughout Australia. Repeatedly cited in the High Court of Australia, this landmark work remains the definitive scholarly work for judicial officers, practitioners and students alike.
The sixth edition includes an entirely new chapter on what is now a substantial body of special statutory and common law rules that apply to government liability in contract, tort, and restitution. Numerous decisions of the High Court and the Federal Court, in particular, are producing a discernible relaxation of the traditional grounds of review, and a more expansive approach to the interpretation of regulatory statutes. In addition, the Full Court of the Federal Court has announced a simplification of the criteria for appeals limited to questions of law, overturning literally dozens of earlier precedents.
In the Sixth Edition, Mark Aronson and Matthew Groves are joined by Greg Weeks formerly from the University of New South Wales, and now at the Australian National University. Their combined expertise ensures that this pre-eminent title continues to provide a fresh and authoritative treatment of judicial review of administrative actions in Australia, and an invaluable guide to the special problems relating to government liability in tort, contract and equity.
Author(s): Ron Levy, Graeme Orr,
Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals.
Author(s): Robin Creyke, Catriona Cook, Robert Stanley Geddes, David Hamer, Tristan S Taylor
Fully revised and expanded, this ninth edition of Laying Down the Law provides an invaluable introduction to the study of law. It includes clear and engaging explanations of essential foundation topics include Australia’s legal system and sources of law while discussion of current issues assists readers to understand the context in which our legal system operates. The comprehensive coverage of precedent and statutory interpretation provides a solid basis for legal study and practice, and the margin glossary identifies, explains and demystifies legal terms. Practical examples and exercises support learning and the development of key skills. New to this edition is a chapter on the legal profession and professional legal practice and ethics.
Author(s): , John Oman Ballard, Allan Anforth
The 10th edition of this well known reference book provides the full text of the Safety, Rehabilitation and Compensation Act as at 1 April 2014, together with comprehensive annotations, organised on a section-by-section basis, covering all significant decisions of the High Court, the Federal Court and the Administrative Appeals Tribunal on the Act. The book has up-to-date discussion of recent litigation concerning the Safety, Rehabilitation and Compensation Act, including "reasonable administrative action taken in a reasonable manner", liability for injuries in the course of employment, and construction of the approved Guide. It also includes a list of all legislative instruments published in the Gazette or entered in the Register of Legislative Instruments, and consideration of military compensation arrangements under the Act where the date of injury was before 1 July 2004. Canberra barrister Allan Anforth has contributed an expanded Practitioner's Guide aimed at claimants under the Act and their advocates.
This book introduces and discusses international tax issues relating to corporate finance, group treasury, and banking operations. The book is intended to benefit accountants, lawyers, economists, financial managers and government officials by explaining practical corporate finance international tax issues. These issues include: examples of country tax regimes; corporate finance including issuing shares; debt instruments; bank loans; investment banking activities; and alternative finance such as crowdfunding; microfinance and alternative energy funding; and international tax issues relating to interest and dividend flows; capital gains; and foreign tax credits. The book reviews related topics, including: mergers and acquisitions funding; asset and project finance; securitisation; derivatives; hybrid securities and entities; Islamic financing; bank capital structures; group treasury companies; debt restructuring; and transfer pricing issues. The book is based on Corporate Finance and International Taxation courses presented by the author in London, Paris, Zurich, Lugano, Rio de Janeiro, Mexico City, Hong Kong and Singapore.
Author(s): , Allan Anforth
This 3rd edition comprehensively annotates the social security and family assistance law of Australia, as amended to 5 March 2013. It is the 12th volume in a book series which has annotated the Social Security Act and associated legislation since first publication in 1984. Social security practitioners will find that the 3rd edition maintains the reputation of its predecessors as an indispensable reference for all those engaged in social security and family assistance decision-making, whether as a lawyer, a Tribunal member, a Department or Centrelink officer, or a community advocate. Special features of this new book include: Comprehensive annotations, on a section-by-section basis, covering decisions of the Administrative Appeals Tribunal, the Federal Court and the High Court to 1 January 2013; follows the current structure of the social security and family assistance legislation but also includes consideration of decisions under repealed provisions of the Social Security Act 1991 and the repealed Social Security Act 1947 which have continuing relevance; detailed discussion of areas of social security law which are the subject of ongoing review activity, increasing complexity and/or continuing debate and difficulty; assets and income testing; debt recovery and waiver; compensation recovery; notices; participation requirements; shared care of children; and marital status.
Author(s): Michael Eburn
The latest edition of this book has been updated to incorporate the latest developments in case law and legislation. To cover all of Australia, the work has been expanded to include the law in Australia’s smallest self-governing territory, Norfolk Island. For first aiders and paramedics, the discussion on the legal powers granted to paramedics when treating the mentally ill; the patient’s right to refuse treatment and the use of professional training when responding as a volunteer or good Samaritan has been revised and expanded. The chapter on responding to large scale disasters has been significantly re-written to include a discussion on the Australian Inter-Agency Incident Management System and the relationship between AIIMS and state counter disaster or emergency management legislation. Included is a detailed discussion on when control of emergency response can be transferred from the lead agency to a central coordinating committee or to the police. The chapter on legal liability reports on the outcome of litigation arising from the catastrophic bushfires in 2001 (Sydney) and 2003 (Canberra).
Author(s): Margaret Thornton
Privatising the Public University: The Case of Law is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the market on students, academics and law schools, documenting how both the curriculum and pedagogical methods have changed. If the passing of the idea of the university is rued, concern usually focuses on the humanities and the natural sciences. In this respect, law has been regarded as privileged because of the virtually unstoppable demand for law places and the willingness of students to pay high fees. And, as this book shows, it is commercial and instrumental forms of legal training that are now favoured, whilst the humanistic, critical, theoretical and social justice aspects of legal knowledge have been corroded. Privatising the Public University will be of considerable interest to legal academics; but it will also be invaluable work for anyone interested in the future of higher education, or, more generally, in the corporatization of culture.
Research theme: Regulatory Law and Policy
Author(s): Dennis Pearce, Stephen Argument
This new edition of Delegated Legislation in Australia deals in detail with the important topic of delegated or subordinate legislation. Legislation made by various government and other bodies under the authority of an Act of Parliament exceeds in volume the legislation made by Parliaments in the form of Acts. This book is an essential guide for legislators, public officials at all levels of government, judicial officers and lawyers.
Author(s): Stephen Bottomley, Simon Bronitt
This fourth edition of Law in Context not only updates the text by reference to the latest thinking and developments in the broad area of ‘law in context’, but also introduces readers to the wider social, political and regulatory contexts of law. Bottomley and Bronitt, as in previous editions, expose readers to the multitude of contexts (some explicit, others implicit) that affect how law is made, broken and enforced by the state or individual citizens. The fundamental ideals of law – such as the Rule of Law – rest on cherished liberal values, though the authors constantly encourage readers not to accept uncritically the rhetoric of law, but to test these assumptions through empirical eyes.
Author(s): Dennis Pearce, Robert Stanley Geddes
Statutory Interpretation in Australia is a comprehensive, annotated, synopsis of statutory interpretation principles in all the Australian jurisdictions. This seventh edition is an update to 1 February 2011. The work is a detailed reference as to a multiplicity of statutory interpretation issues. This well-researched, new edition includes recent updates of case law and legislation, commentary on the “principle of equity”, and a discussion of the Human Rights Acts of Victoria and the Australian Capital Territory. This text is a remarkably inclusive guide to statutory interpretation and is divided into 12 chapters. These chapters include examination of different approaches to legislative interpretation, extrinsic and intrinsic aids to interpretation, and individual consideration for interpreting current acts, repealed or amending acts and codifying acts respectively. The book concludes by considering legislation operating retrospectively and various drafting conventions and expressions.
Editor(s): Donald Rothwell, Rachel Baird
This book is a comprehensive guide to Australian coastal and marine law. Since the landmark enactment of the Seas and Submerged Lands Act 1973 (Cth), and the subsequent High Court decision in NSW v Commonwealth, there have been rapid developments in Australian coastal and marine law and policy. The Offshore Constitutional Settlement paved the way for offshore management between the Commonwealth, States and the Northern Territory, and from this foundation a raft of new environmental laws were adopted in the 1980s and 1990s, often promoted by international developments such as the 1982 United Nations Convention on the Law of the Sea, or through new marine pollution conventions adopted by the International Maritime Organisation. The book reflects upon how Australian law regulates and manages a range of environmental issues which arise in the coastal zone and the marine environment.
Author(s): Alex Bruce
An indispensible guide to Australia's new consumer protection and product liability laws. On 1 January 2011, the largest reform of Australian consumer protection laws ever undertaken commences. With the introduction of the Australian Consumer Law within the Competition and Consumer Act 2010, the landscape of consumer protection and product liability law fundamentally changes. A single national regime replaces the consumer protection provisions in the Trade Practices Act 1974 and 17 generic consumer protection laws that existed across the States and Territories. Consumer Protection Law in Australia provides a clear and detailed explanation of the changes implemented by the new consumer protection regime, making the book an invaluable guide for legal practitioners, academics and students. The application and effect of the new Australian Consumer Law is made accessible, to provide a thorough understanding of the new legislative landscape.